• Title/Summary/Keyword: unfair case.

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A Study on the Trademark Registration and Nullity in China - Focused on 'Michael Jordan' Case - (중국 상표법상 등록과 무효에 관한 연구 - '마이클 조단' 행정판결을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.699-720
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    • 2016
  • In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

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Analysis of the Consumer Consulting Types about Cosmetics (화장품 관련 소비자상담 유형 분석)

  • Seo, Jeonghee;Jeong, Yoonsun
    • Korean Journal of Human Ecology
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    • v.22 no.3
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    • pp.473-483
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    • 2013
  • This study analyzed the consumer consulting type about cosmetics, and examined the characteristics of the consumer consulting type. The data used for the analysis are 7,126 consumer consulting cases of cosmetics, which had been applied for the consumer counseling centers, from July 2010 to June 2011. Through the consumer consulting paper, the consumer consulting types were divided into as follows : purchase, delivery, quality, product, product display and advertising, services, after purchase, simple consulting, seller's unfair bill, and other types of consulting. According to the results of the analysis, consumers were anxious about cosmetics quality and safety, and they also wanted objective information on cosmetics. Consumer consulting type were significantly different by ages. 63.3% of teenagers were consulting about purchase problem. 31.5% of the 20's were consulting about quality, and 26.0% were consulting about purchase. 30's, 40's, more than 50's groups mostly were consulting about quality. Based on that, this study suggests about policy and consumer education for how to use and purchase the cosmetics correctly.

Influence of a Co-op Program on Participants' Academic Performance, Employment and Job Performance: Focusing on the Case of KOREATECH

  • Om, Kiyong;Lee, Sang-Kon
    • Journal of Practical Engineering Education
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    • v.12 no.1
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    • pp.101-108
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    • 2020
  • KOREATECH has operated a Co-op program called 'Industry Professional Practice (IPP)' that allows students to work full-time in relevant industries for at least four months since 2012, and also developed a systematic performance evaluation model on the basis of Kirkpatrick's four-stage assessment model. This study aims to share KOREATECH's Levels 3 and 4 evaluation results which are clearly what practitioners and academic investigators of cooperative education want to know the most. For this purpose, a questionnaire survey was conducted for KOREATECH graduates and their superiors to examine influence of IPP experiences on employment and job performance. A total of 730 alumni who graduated within last 5 years participated in the survey, with 213 (29.2%) having IPP experiences, and 162 superiors rated their subordinates on seven performance criteria. The analysis results were mixed. On the one hand, employment rate of IPP participants was 89.7%, compared to 86.8% of alumni without field experiences. Participants of the IPP program were more satisfied with their salary and felt less unfair about their career and promotion opportunities than alumni without field experiences. On the other, superiors rated their subordinates without IPP experiences slightly more positively than IPP participants in terms of job performance. These contrasting results are judged to show strengths and weaknesses of the IPP program at the same time. The limitations of the study and future research directions are discussed at the last part.

Blockchain-Based User-Participatory Game Update: Maze Escape Game Case (블록체인 기반 사용자 참여 게임 업데이트: 미로탈출게임 사례)

  • Jeon, Mingyu;Hwang, Chiyeon;Na, Hyeon-Suk
    • Journal of Korea Game Society
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    • v.19 no.4
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    • pp.85-96
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    • 2019
  • In this note, we propose a game system to fairly and transparently control and update game variables using blockchain. As an example, we present an Ethereum-based maze escape game, being the first blockchain-based maze game and the first attempt to control game level through blockchain. In this system, the level function computes maze level reflecting the amount of maze walls purchased/sold by users. Using blockchain for game management saves human and economic resources and prevents unfair practice of game developers unilaterally manipulating game level or item enhancement rate.

A Study on the Chinese Parallel Import System: Focused on Law Cases in China (중국 병행수입제도의 법적 문제에 관한 연구: 중국 판례를 중심으로)

  • Zhou, Ling-Ke;Park, Kwang-So
    • Korea Trade Review
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    • v.41 no.1
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    • pp.21-39
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    • 2016
  • The problems of parallel import in China have been becoming hot issues day by day, because the brand name goods' price in China is much higher than in other developed countries. This study researched the parallel import's basic theories and law cases, and analyzed the legal matters of Chinese parallel import system. First of all, China hasn't any law on parallel import so far. So the court judges determined the law cases based on 「patent law」, 「trademark law」 or 「anti-unfair competition law」. Therefore even in the same case, there might be different decisions according to judges or applied laws. This study handled three different law cases on the parallel import. We found some problems of Chinese parallel import system, so our conclusion is that to solve those kinds of problems, China should legislate the new parallel import law as soon as possible.

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The Regulation of AI: Striking the Balance Between Innovation and Fairness

  • Kwang-min Lee
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.9-22
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    • 2023
  • In this paper, we propose a balanced approach to AI regulation, focused on harnessing the potential benefits of artificial intelligence while upholding fairness and ethical responsibility. With the increasing integration of AI systems into daily life, it is essential to develop regulations that prevent harmful biases and the unfair disadvantage of certain demographics. Our approach involves analyzing regulatory frameworks and case studies in AI applications to ensure responsible development and application. We aim to contribute to ongoing discussions around AI regulation, helping to establish policies that balance innovation with fairness, thereby driving economic progress and societal advancement in the age of artificial intelligence.

A Classification Model for Illegal Debt Collection Using Rule and Machine Learning Based Methods

  • Kim, Tae-Ho;Lim, Jong-In
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.4
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    • pp.93-103
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    • 2021
  • Despite the efforts of financial authorities in conducting the direct management and supervision of collection agents and bond-collecting guideline, the illegal and unfair collection of debts still exist. To effectively prevent such illegal and unfair debt collection activities, we need a method for strengthening the monitoring of illegal collection activities even with little manpower using technologies such as unstructured data machine learning. In this study, we propose a classification model for illegal debt collection that combine machine learning such as Support Vector Machine (SVM) with a rule-based technique that obtains the collection transcript of loan companies and converts them into text data to identify illegal activities. Moreover, the study also compares how accurate identification was made in accordance with the machine learning algorithm. The study shows that a case of using the combination of the rule-based illegal rules and machine learning for classification has higher accuracy than the classification model of the previous study that applied only machine learning. This study is the first attempt to classify illegalities by combining rule-based illegal detection rules with machine learning. If further research will be conducted to improve the model's completeness, it will greatly contribute in preventing consumer damage from illegal debt collection activities.

Analysis of Construction Dispute Cases Considering Reward Ratio Focused on Arbitration Cases of Korean Commercial Arbitration Board (보상비율을 고려한 건설사업 분쟁사례 분석 - 대한상사중재원 중재판정사례를 중심으로 -)

  • Ahn, SangHyun;Choi, Heeju;Yu, Jungho
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.4
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    • pp.48-56
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    • 2017
  • Construction Projects have many participants by characteristic, scale and contract. Those also have complicated communication structure. So, claim and dispute occur continuously for conflicting communication. In many claim and dispute cases, it usually occurs between builder and owner. Unfair practices by owners position cause main claim and dispute. This study analyses judgment type, cause and compensation ratio in korean commercial arbitration case and provides the dispute information for builder that has weak position by contract. It draws analysis information for managing and controlling dispute that order type, judgement type, cause and failure case. Using these analysis information, it hopes to help inducement of dispute agreement and save time and economic damage for builder during construction. It also hopes to rise construction completeness by providing dispute management information.

Design of No-human-in-the-Loop Battleship Warfare M&S System applied to the Korea Yellow Sea Warfare Case using Agent-based Modeling (에이전트 기반의 인간 미개입형 함정전투 M&S 시스템 설계 및 서해교전 사례연구)

  • Chi, Sung-Do;You, Yong-Jun;Jung, Chan-Ho;Lee, Jang-Se;Kim, Jae-Ick
    • Journal of the Korea Society for Simulation
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    • v.17 no.2
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    • pp.49-61
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    • 2008
  • Most battleship warfare M&S systems run relatively slow and the simulation results are often unfair since the system should interact with human operators(controller and/or gamer). To deal with these problems, we have proposed the agent-based battleship warfare M&S system which interact with multiple agent systems instead of human operators. Agent-based M&S system may be able to efficiently support the analysis of effectiveness and/or the operational tactics development of given warfare by providing autonomous reasoning capabilities without the intervention of human controller. To do this, the paper propose the design concept and methodology using the advanced modeling and simulation framework as well as autonomous agent design principle. Several simulation tests performed on the battleship warfare case study on Korea Yellow sea will illustrate our techniques.

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Development of the Interconnection Evaluation System for Dispersed Generations in Distribution Systems (분산전원의 배전계통 연계 평가 시스템의 개발에 관한 연구)

  • Kang Min-Kwan;Park Jae-Ho;Oh Yong-Taek;Hong Sang-Eun;Rho Dae-Seok
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.7 no.1
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    • pp.12-20
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    • 2006
  • Recently, new dispersed sources (DSG) such as Photovoltaic, Wind Power, fuel cell etc. are interconnected with distribution systems as national projects for alternative energy preparing for oil crisis. This paper deals with the optimal evaluation algorithms in the case where new dispersed sources are operated in distribution systems. It is very difficult and complicated to handle the interconnection issues for proper voltage managements, because professional skills and enormous amounts of data for the evaluations are required. The typical evaluation algorithms mainly depending on individual ability and quality of data acquired, inevitably cause the different results f3r the same issue, so unfair and subjective evaluations are unavoidable. In order to overcome these problems, this paper proposes reasonable and general algorithms based on the standard model system and proper criterion, which offers the fair and objective evaluations in any case.

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